Legal Question in Family Law in Texas

Property division and custody in Texas

First, you should know that by filing for divorce, your ability to obtain custody of the children or to be awarded community property is not compromised. In other words, the person filing for divorce and the person responding to it are on equal ground. So, do not be concerned about who files or on any negative impact by virtue of having been the one to file for divorce. Second, assuming you do not have any significant problems that would prevent you from providing a good and safe environment for the children, you stand a very good chance of being awarded primary custody of the children. Of course, I don't know your personal circumstances or those of your husband, and the Court considers many factors in making a decision that is in the best interest of the children. Any family law attorney could give you a good opinion on this matter after listening to your personal circumstances. Third, the fact that you have been a stay at home mom does not render you unable to share in the community estate. The Court identifies the community property, as well as the community debts, and divides them in a "just and right" manner. Although your husband has the assets "tied up", the Court will enter orders that may even require these assets to be liquidated and divided. He will not be able to take all the assets away from the divorce, unless he is able to convince the Court that this would be a "just and right" division. Having said that, let me emphasize that, without any Court orders, the assets remain vulnerable to being inappropriately disposed of, hidden, etc. If you are concerned about that possibility, you should consider filing for divorce immediately and obtaining temporary orders that prohibit the disposition of the property pending final resolution of the case. I would encourage you to speak with a lawyer in your area. If you happen to be in the greater Houston area, and would like to discuss it further, feel free to give me a call at (713) 877-8585.

Texas divorce questions

You have asked so many questions in one paragraph that it is impossible to answer them all at once. Further, you have not given the most important information: Why are you thinking about divorcing your husband? In any event, if you or the children are in danger, or if your husband is dissipating assets, you should consult a family law attorney quickly.

Divorce in Texas

First, protect yourself. Any titles, documents indicating ownership of property and money should be kept in a safe place to which only you have access (out of the house) and any money should be kept subject to your control only, to the extent that you can. Beware of his hiding assets or either of you becoming indebted or purchasing expensive assets.

Even more importantly, keep yourself and your children safe. If you have evidence of his income, and income other than from his employment, you should keep that evidence. Texas has many rules for division of property, and you need a lawyer to determine the character of assets. With assets held in other states, it is important that you discuss the matter with a lawyer soon.